The West Bengal Maritime Board Act, 2000

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act XXX of 2000 
THE WEST BENGAL MARITIME BOARD ACT, 2000. 
CONTENTS 
CHAPTER I 
Preliminary 
Section. 
1. Short title, extent, commencement and application. 
2. Definitions. 
CHAPTER II 
Establishment of West Bengal Maritime Board 
3. West Bengal Maritime Board. 
4. Disqualifications of members. 
5. Term of office of members. 
6. Vacation of office of members. 
7. Eligibility for reappointment. 
8. Filling of vacancies. 
9. Absence of Chairman. 
10. Meeting of Board. 
11. Committees of Board. 
12. Fees and allowances payable to members. 
13. Members of Board or of a Committee of Board not to vote in certain cases. 
14. Defects in appointment not to invalidate acts etc. 
15. Delegation of powers. 
16. Duties of Chairman. 
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The West Bengal Maritime Board Act, 2000. 
CHAPTER III 
Appointment of the Chief Executive Officer and other officers and employees of Board 
and the Conservator of Ports 
Section. 
17. Appointment of Chief Executive Officer and other officers and employees of Board. 
18. Appointment of Conservator of Ports. 
CHAPTER IV 
Establishment of minor ports and works and services to be provided at minor ports, 
and functions of Board 
19. Functions of Board. 
20. Private particiption in ports.  
21. Imposition and recovery of rates at minor ports. 
22. Power of Board to prescribe lower rate. 
23. Rates etc. to be published by Board. 
24. Exemption of Central Government or State Government from payment of rates and charges 
for the use of ports or works or services, etc. 
25. Exemption of goods and vessels from payment of rates and charges. 
26. Power of Board to make regulations. 
27. Settlement of dispute regarding rates. 
CHAPTER V 
Liabilities of Board and others in relation to the ports and port services 
28. Inspection of ports, facilities and works in ports and vessels using ports. 
29. Payment of a percentage of annual turnover. 
CHAPTER VI 
Powers and responsibilities of Board in relation to the use of ports 
30. Power of Board to undertake certain works. 
31. Power of Board to order seagoing vessels to use docks, wharves, etc. 
32. Seagoing vessels compelled to land at, or ship from, docks, wharves, etc. 
288 
The West Bengal Maritime Board Act, 2000. 
Section. 
33. Seagoing vessels not to be brought alongside of, or removed from, dock, berth, wharf, quay, 
stage, jetty, pier or place of anchorage. 
34. Power of State Government to exempt vessels from obligation to use wharves, etc. 
35. Board to declare when vessels, other than seagoing vessels, to be compelled to use docks, 
wharves, etc. 
36. Performance of services by Board or other persons. 
37. Responsibility of Board for loss etc. of goods. 
38. Accommodation to be provided for customs officers in wharves, etc. 
39. Power of Board to permit creation of private wharves etc. within a port. 
40. Compensation payable in certain cases where use of any private wharf etc. rendered unlawful. 
CHAPTER VII 
Revenue and expenditure of Board 
41. General fund of Board. 
42. Reserve fund. 
43. Charge of expenditure to capital. 
44. Budget estimates. 
45. Accounts of Board and audit thereof. 
46. Laying of audit report before the State Legislature. 
47. Board to take action on audit report. 
48. Difference of opinion between Board and the Auditor to be referred to State Government. 
CHAPTER VIII 
Borrowing powers of Board 
49. Power to raise loans. 
50. Board securities. 
51. Right of joint or serveral payees of Board securities. 
52. Power of one or more joint holders of Board secutities to grant receipts. 
53. Endorsement to be made on Board security. 
54. Endorsement on Board security not liable for payment of amount thereof. 
55. Impression of signature on Board securities. 
289 
The West Bengal Maritime Board Act, 2000. 
Section. 
56. Issue of duplicate Board security. 
57. Issue of convereted Board securities etc. 
58. Discharge of Board security in certain cases. 
59. Security for loans taken by Board. 
60. Remedies for State Government in respect of loans made to Board. 
61. Power of Board to repay loans before due date. 
62. Establishment of sinking fund. 
63. Investment and application of sinking fund. 
64. Examination of sinking fund. 
65. Power of Board to raise loans on shor term bills. 
66. Power of Board to take temporary loans or overdrafts. 
67. Power of Board to borrow money from International Bank for Reconstruction and Development 
or other foreign institutions. 
CHAPTER IX 
Power of Board to make regulations 
68. Power of Board to make regulations. 
69. Regulations to be published in the Official Gazette. 
70. Penalty for breach of regulations. 
CHAPTER X 
Supervision and control by the State Government 
71. Administration Report of Board. 
72. Statement of income and expenditure. 
73. Power of State Government to make rules. 
74. Power of State Government to issue directions. 
75. Supersession of Board. 
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The West Bengal Maritime Board Act, 2000. 
CHAPTER XI 
Penalties 
Section. 
76. Persons employed by Board to be public servants for certain purposes. 
77. Penalties. 
78. Jurisdiction of Court. 
79. Offences by companies. 
CHAPTER XII 
Miscellaneous 
80. Recovery of damage caused to dock, wharf, quay, etc. 
81. State Minor Ports Consultative Committee. 
82. Suits or proceedings against Board or its members or employees. 
83. Restriction onsuits. 
84. Act not to affect the right of Central Government. 
85. Interpretation as to facilities etc. of minor port. 
291 

West Bengal Act XXX of 2000 
THE WEST BENGAL MARITIME BOARD ACT, 2000. 
[Passed by the West Bengal Legislature.] 
[Assent of the President of India was first published in the Calcutta 
Gazette, Extraordinary, of the 21st February, 2001.] 
[2 I st February, 2001.] 
An Act to provide for the constitution of a Maritime Board for minor ports 
in West Bengal and for matters connected therewith or incidental 
thereto. 
WHEREAS it is expedient to provide for the constitution of a Maritime 
Board in West Bengal and for matters connected therewith or incidental 
thereto; 
It is hereby enacted in the Fifty-first Year of the Republic of India, 
by the Legislature of West Bengal, as follows:— 
CHAPTER I 
Preliminary 
1. (1) This Act may be called the West Bengal Maritime Board 
Act, 2000. 
(2) It extends to the whole of West Bengal. 
(3) It shall come into force on such date as the State Government may, 
by notification, appoint. 
(4) It shall apply to all minor ports in West Bengal with effect from 
such date as the State Government may, by notification, appoint, and 
different dates may be appointed for different minor ports. 
2. In this Act, unless the context otherwise requires,— 
(1) "appointed day", in relation to a minor port, means the day on 
which this Act applies to that port; 
(2) "Board" means the West Bengal Maritime Board established 
under section 3; 
Short title, 
extent, 
commence-
ment and 
application. 
Definitions. 
293 
The West Bengal Maritime Board Act, 2000. 
[West Ben. Act 
(Chapter 1.—Preliminary.—Section 2.) 
(3) "Board security" means a bond, debenture or dock certificate 
issued by the Board in respect of any loan contracted by it in 
accordance with the provisions of this Act; 
(4) "Chairman" means the Chairman of the Board; 
(5) "dock" includes a basin, lock, cut, entrance, graving dock or 
block, inclined plane, slipway, gridiron, mooring, transit 
shed, warehouse or godown, open plot, or other work or thing 
appertaining to any dock, and also includes the portion of the 
sea or river enclosed or protected by the arms or groynes of 
a harbour; 
(6) "foreshore", in relation to a port, means the area between the 
high watermark and the low watermark relating to that port; 
(7) "goods" includes livestock or movable property; 
(8) "high watermark", in relation to a port, means a line drawn 
through the highest points reached by ordinary spring tides at 
any season of the year at that port; 
(9) "immovable property" includes wharfage right, or any other 
right, exercisable on, over, or in respect of, any land, wharf, 
dock or pier; 
(10) "land" includes bed or sea or river below high watermark, and 
also includes anything attached to the earth or permanently 
fastened to anything attached to the earth; 
(11) "low watermark", in relation to a port, means a line drawn 
through the lowest points reached by ordinary spring tides at 
any season of the year at that port; 
(12) "master", in relation to a vessel, or craft, making use of any 
minor port, means any person having, for the time being, the 
charge or control of such vessel or craft, as the case may be, 
except a pilot, harbour-master, dock-master, or berthing 
master of the port; 
(13) "member" means a member of the Board, or a member of a 
Committee of the Board, as the case may be; 
(14) "minor port" means a port, other than a major port declared 
as such by the Central Government under any law for the time 
being in force, within such limits as may, from time to time, 
be defined by the State Government under the Indian Ports 15 of 1908. 
Act, 1908; 
(15) "notification" means a notification published in the Official 
Gazette; 
294 
The West Bengal Maritime Board Act, 2000. 
XXX of 2000.] 
(Chapter 1.—Preliminary.—Section 2.) 
(16) "owner,— 
(a) in relation to goods, includes any consignor, consignee, 
shipper or agent for sale, custody, loading or unloading 
of such goods, and 
(b) in relation to any vessel or craft making use of any port, 
includes any part owner, charterer, consignee or 
mortgagee in possession therof; 
(17) "pier" includes a stage, stair, landing place, hard jetty, floating 
barge, or pontoon, and also includes a bridge or other work 
connected therewith; 
(18) "port" means a minor port; 
(19) "port approaches", in relation to a port, means such parts of 
a navigable river or channel as lead to that port; 
(20) "prescribed" means prescribed by rules made under this Act; 
(21) "public security" means— 
(a) a promissory note, debenture, stock or other security of 
the Central Government or of any State Government: 
Provided that a public security, both the principal 
and the interest whereof have been fully and 
unconditionally guaranteed by the Central Govern-
ment or any State Government, shall, for the purposes 
of this clause, be deemed to be a security of such 
Government, or 
(b) a debenture or other security for money issued by, or on 
behalf of, any Municipal corporation, Municipality, 
Improvement Trust, or Port Trust under the authority of 
any law for the time being in force, and includes a Board 
security; 
(22) "rate" includes a toll, due, rent, fee or charge leviable under 
this Act; 
(23) "regulations" means the regulations made under this Act; 
(24) "vessel" includes a conveyance of any kind for the transport, 
mainly by water, of goods or human beings; 
(25) "wharf' includes a wall, stage, part of land, or foreshore 
for use for loading or unloading of goods or for embarkation 
or disembarkation of passengers, and also includes a 
wall enclosing or adjoining such stage, part of land or 
foreshore. 
295 
The West Bengal Maritime Board Act, 2000. 
[West Ben. Act 
(Chapter IL—Establishment of West Bengal Maritime 
Board.—Section 3.) 
CHAPTER II 
Establishment of West Bengal Maritime Board 
West Bengal 
Maritime 
Board. 
3. (1) As soon as may be after the commencement of this Act, the 
State Government may, by notification in the Official Gazette, establish a 
Board to be called the West Bengal Maritime Board. 
(2) The Board shall be a body corporate having perpetual succession 
and a common seal with power, subject to the provisions of this Act, to 
acquire, hold and dispose of property, both movable and immovable, and 
to contract, and may, by the said name, sue and be sued. 
(3) The head office of the Board shall be at such place as the State 
Government may, by notification in the Official Gazette, fix. 
(4) The Board shall consist of not less than twelve and not more than 
sixteen members, ten of whom shall be appointed by the State Government, 
in the following manner:— 
(a) 3 members shall be appointed by virtue of their office from 
amongst the officers of the State Government, of whom one 
shall be a representative of the Department charged with the 
administration of minor ports in West Bengal, and two others 
shall be— 
(i) a representative of the Finance Department, and 
(ii) a representative of the Commerce and Industries 
Department, 
(b) one member shall be appointed from amongst the persons 
who, in the opinion of the State Government, have experience 
of, and have shown capacity in, matters relating to ports, 
shipping, maritime affairs or commerce or industry or finance 
or in the administration of such matters, 
(c) one member shall be appointed from amongst the persons 
who possess academic qualifications in the subject of 
engineering and have, in the opinion of the State Government, 
wide experience in matters relating to harbour works, to be 
appointed by the State Government, 
(d) one member shall be appointed from amongst the persons 
who possess academic qualifications in navigation such as 
First Class Ministry of Transport ticket holder (diesel or 
steam) and have, in the opinion of the State Government, 
wide experience of matters relating to marine plants, 
particularly with reference to dredging, or from amongst the 
persons who are experienced nautical officers, 
296 
The West Bengal Maritime Board Act, 2000. 
XXX of 2000.] 
(Chapter II.--Establishment of West Bengal Maritime 
Board—Section 3.) 
(e) one member shall be from amongst the persons who are 
chartered accountants or who possess high academic 
qualifications in accountancy and have, in the opinion of the 
State Government, sufficient experience of matters relating 
to the accounts pertaining to commerce, industry, ports or 
shipping, 
(0 one member shall be appointed from amongst the persons 
who, in the opinion Of the State Government, are capable of 
representing the interests of trade, commerce (including 
export and import), and industry, 
one member shall be appointed from amongst the persons 
who, in the opinion of the State Government, are capable of 
representing the interests of shipping, 
(h) one member shall be from amongst the persons who, in the 
opinion of the State Government, are capable of representing 
the interests of the workers of minor ports, 
one member to be nominated by the Government of India in 
the Ministry charged with the administration of ports or 
surface transport, 
(j) one member to be nominated by the Calcutta Port Trust 
representing the interests of the Calcutta Port, 
(k) where one or more ports are established and managed and 
operated by any person or persons, other than the Board, in 
pursuance of the provisions of this Act, one member to be 
nominated by the Board of Management of such port or 
jointly by the Boards of Management of such ports, as the 
case may be: 
Provided that the State Government may itself nominate 
such member, if the Boards of Management as aforesaid fail 
to nominate a member jointly, 
one member shall be a person who, in the opinion of the State 
Government, has wide experience and ability in administration 
and management under the State Government or the 
Government of any other State or the Central Government. 
(5) The Chief Executive Officer of the Board appointed under sub-
section (1) of section 17 shall be an ex officio member of the Board and 
shall also be the Vice-Chairman of the Board. 
(6) The Board shall have the power to co-opt associate members, not 
exceeding two, representing the interests of minor ports, if there are 
more than one such port in West Bengal. 
(g) 
(i) 
297 
The West Bengal Maritime Board Act, 2000. 
[West Ben. Act 
Disqualifica-
tions of 
members. 
(Chapter IL—Establishment of West Bengal Maritime 
Board.—Section 4.) 
(7) The State Government shall appoint one of the members referred 
to in sub-section (4) to be the Chairman of the Board. 
4. A person shall be disqualified for being appointed, or for continuing, 
as a member of the Board, if he— 
(a) has been removed or dismissed from the service of Government 
or of any local authority or of any corporation owned or 
controlled by Government or of any company in the private 
or joint sector, or 
(b) has been convicted and sentenced to imprisonment for an 
offence which, in the opinion of the State Government, 
involves moral turpitude, or 
(c) is an un-discharged insolvent, or 
(d) has attained the age of seventy years, or 
(e) has directly or indirectly any share or interest in any work 
done by order of the Board or in any work, contract, or 
employment, with, by or on behalf of the Board: 
Provided that no person shall be deemed to have a share 
or interest in such work, contract or employment by reason 
only of his— 
(i) having a share in any company or firm which may 
contract with, or may be employed by or on behalf of, 
the Board, or 
(ii) having a share or interest in any newspaper in which any 
advertisement relating to the affairs of the Board may be 
published, or 
(iii) being interested in any loan of money to the Board, 
or 
(iv) having a share or interest in any lease or transfer of 
immovable property of the Board, or 
(v) having a share or interest in any licence by, or right by 
agreement or otherwise with, the Board to the sole or 
perennial use of any premises or property belonging to 
the Board, or 
(vi) having a share or interest in the occasional sale to 
the Board, in any financial year, of a value, not exceed-
ing ten thousand rupees, of any article in which he 
trades. 
298 
The West Bengal Maritime Board Act, 2000. 
XXX of 2000.] 
(Chapter IL—Establishment of West Bengal Maritime 
Board—Sections 5-8.) 
5. (1) The Chairman shall hold office for such period as the State 
Government may determine. 
(2) Subject to the provisions of this Act, a member, other than the 
members appointed under clause (a) of sub-section (4), the ex officio 
member referred to in sub-section (5), and the nominated members 
referred to in sub-section (4), of section 3 shall hold office for such period, 
not exceeding three years commencing from the date of his appointment, 
as the State Government may determine. 
6. (1) The State Government shall remove a member if he— 
(a) becomes subject to any of the disqualifications referred to in 
section 4, or 
(b) refuses to act or becomes incapable of acting, or 
(c) has, in the opinion of the State Government, become incapable 
of representing the interest by virtue of which he was appointed, 
or 
(d) is, without the prior permission of the Board, absent from six 
consecutive meetings of the Board, or 
(e) is absent from the meetings of the Board for a period exceeding 
six consecutive months, or 
(f) acts in contravention of any of the provisions of this Act. 
(2) The Chairman may resign his office by writing under his hand 
addressed to the State Government, but the resignation shall not take effect 
until it is accepted by the State Government. 
(3) A member, other than the ex officio member referred to in 
sub-section (5), and the members appointed under clause (a) of sub-
section (4), of section 3 may resign his office by writing under his hand 
addressed to the Chairman who shall forward the same to the State 
Government, but the resignation shall not take effect until it is accepted 
by the State Government. 
7. Any person ceasing to be a member shall, unless disqualified 
under section 4, be eligible for reappointment. 
8. (1) A vacancy in the office of the Chairman shall be filled, as soon 
as may be, in the manner provided in sub-section (7) of section 3. 
(2) A vacancy in the office of a member, other than that of an ex officio 
member referred to in sub-section (5), or of a member appointed under 
clause (a) of sub-section (4), of section 3 shall be filled as early as possible 
after the occurrence of such vacancy in the manner provided in sub-section 
(4) of section 3: 
Term of 
office of 
members. 
Vacation of 
office of 
members. 
Eligibility 
for re-
appointment. 
Filling of 
vacancies. 
299 
The West Bengal Maritime Board Act, 2000. 
[West Ben. Act 
Absence of 
Chairman. 
Meeting of 
Board. 
(Chapter 1L—Establishment of West Bengal Maritime 
Board.—Sections 9, 10.) 
Provided that where any vacancy occurs in the office of any such 
member within three months preceding the date on which the term of 
the office of such member expires under section 5, such vacancy shall 
not be filled. 
(3) Any vacancy in the office of a member appointed under clause (a) 
of sub-section (4) of section 3 shall be filled as early as possible after the 
occurrence of such vacancy by appointment of a member under the said 
clause. 
(4) A member appointed to fill a vacancy referred to in sub-section (2) 
shall hold office so long only as the member in whose place he has been 
appointed would have held office if the vacancy had not occurred. 
9. If the Chairman is, by infirmity or otherwise, rendered incapable 
of carrying out his duties or is absent on leave or otherwise in circum-
stances not involving the vacation of his appointment, or is sent on 
deputation outside India for any of the purposes of this Act, the Vice-
Chairman, and in the absence of both the Chairman and the Vice-
Chairman, such person as the State Government may appoint, shall 
act as the Chairman: 
Provided that the Chairman, while on deputation outside India, may, 
if the State Government, by order, so directs and, subject to such conditions 
and restrictions as may be specified in the order, exercise such of the 
powers and perform such of the duties conferred or imposed on the 
Chairman by or under this Act as he may deem necessary, and the 
Chairman, while exercising such powers and performing such duties, shall 
be deemed to be a member of the Board notwithstanding anything to the 
contrary contained in this Act. 
10. (1) The Board shall hold meetings at such time and places, and 
shall, subject to the provisions of sub-section (2), sub-section (3) and 
sub-section (4), follow such procedure in regard to the transaction of 
business at its meetings as may be provided by regulations. 
(2) The Chairman and, in his absence, the Vice-Chairman and, in the 
absence of both the Chairman and the Vice-Chairman, any person chosen 
by the members present from amongst themselves shall preside over the 
meetings of the Board. 
(3) All questions at a meeting of the Board shall be decided by a 
majority of the votes of the members present and voting and, in the case 
of any equality of votes, the person presiding shall have a second or casting 
vote. 
300 
The West Bengal Maritime Board Act, 2000. 
XXX of 2000.1 
(Chapter IL—Establishment of West Bengal Maritime 
Board.—Sections 11-13.) 
(4) The number of members necessary to constitute a quorum at a 
meeting shall be such as may be provided by regulations and no business 
shall be transacted at any meeting unless the members constituting the 
quorum are present throughout such meeting. 
Explanation.—For removal of doubts, it is hereby declared that a 
member referred to in clause (b) of sub-section (4) of section 3 shall have 
no voting right in any meeting of the Board. 
11. (1) The Board may, from time to time, constitute one or more Committees 
committees, each committee consisting of such number of members of Board.  
from amongst the members of the Board as the Board may consider 
necessary, for the purpose of discharging such of its duties and 
functions as may be delegated to such committee or committees by the 
Board. 
(2) A committee constituted under sub-section (1) shall meet at such 
time, and at such place, and shall follow such procedure in regard to the 
transaction of business at its meetings (including the quorum), as may be 
provided by regulations. 
12. The members shall be paid by the Board such fees and allowances Fees and 
for attending meetings of the Board or of any committee of the Board and allowan ces
payable to 
for attending any work of the Board as may be provided by rules: 	 members. 
Provided that— 
(a) no fees shall be payable to the Chairman or any other 
member of the Board who is a Member of Parliament or 
of the State Legislature or an employee of the State 
Government; 
(b) any allowances payable to a member who is a Member of 
Parliament or of the State Legislature shall not exceed the 
compensatory allowance as defined in clause (a) of section 2 
to of 1959. 	 of the Parliament (Prevention of Disqualification) Act, 1959, 
or, as the case may be, in any other law for the time being in 
force providing for such allowance for the members of the 
State Legislature. 
13. A member of the Board or of a Committee of the Board who— 
(i) has any direct or indirect pecuniary interest in any matter 
coming up for consideration at a meeting of the Board or a 
Committee thereof, or 
Members of 
Board or of 
a Committee 
of Board not 
to vote in 
certain 
cases. 
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The West Bengal Maritime Board Act, 2000. 
[West Ben. Act 
Defects in 
appointment 
not to 
invalidate 
acts etc. 
Delegation 
of powers. 
(Chapter IL—Establishment of West Bengal Maritime  
Board.—Sections 14, 15.) 
(ii) is interested professionally on behalf of a client or as an 
agent of any person other than the State Government or an 
undertaking owned or controlled by the State Government or 
a local authority or a Trade Union registered under the Trade 
Unions Act, 1926, or as a member of an association formed 16 of 1926. 
for the purpose of promotion of the interests or welfare of any 
class of officers or employees of the Board, 
shall, as soon as possible after any of the circumstances as aforesaid has 
come to his knowledge, disclose the nature of his interest at such meeting 
and such interest shall be recorded in the minutes of the Board or, as the 
case may be, the Committee of the Board, and the member shall not take 
part in any deliberation or decision of the Board or the Committee of the 
Board with respect to any matter in which he has such interest or is so 
interested. 
14. No act or proceeding of the Board or of any Committee of the 
Board shall be invalid merely by reason of— 
(a) any vacancy therein or any defect in the constitution thereof; 
Or 
(b) any disqualification, or any defect in the appointment, of a 
person acting as a member thereof; or 
(c) any member having acted or taken part in any proceedings 
in contravention of the provisions of section 13; or 
(d) any irregularity in its procedure not affecting the merits of 
the case. 
15. The Board may, with the approval of the State Government, direct 
that— 
(a) such of the powers and duties conferred or imposed upon the 
Board by or under this Act as may be specified in such 
direction may also be exercised or performed by the Chairman, 
Or 
(b) such of the powers and duties conferred or imposed on the 
Chairman by or under this Act as may be specified in such 
direction may also be exercised or performed by the Vice-
Chairman, subject to such conditions and restrictions as may 
be specified in such direction: 
Provided that the Vice-Chairman shall be subject to the 
supervision and control of the Chairman in the exercise of 
the powers and performance of the duties specified in the 
direction. 
302 
The West Bengal Maritime Board Act, 2000. 
XXX of 2000.] 
(Chapter II.—Establishment of West Bengal Maritime Board.— 
Section 16.—Chapter 111.—Appointment of the Chief Executive 
Officer and other officers and employees of Board and the 
Conservator of Ports.—Section 17.) 
16. (1) It shall be the duty of the Chairman and the Vice-Chairman 
to attend every meeting of the Board unless prevented by sickness or 
other reasonable cause. 
(2) The Chairman shall, as soon as possible, send to the State 
Government a copy of the minutes of every meeting of the Board and shall 
furnish to that Government such reports, returns, documents or other 
information as it may, from time to time, call for. 
(3) The Chairman shall exercise supervision of, and control over, 
the officers and other employees of the Board in the matter of adminis-
tration of the Board and in the matters concerning the accounts and 
records of the Board. 
CHAPTER III 
Appointment of the Chief Executive Officer and other officers 
and employees of Board and the Conservator of Ports 
17. (1) The State Government shall appoint such person as, in its 
opinion, has adequate experience of civil works, operation and 
administration of ports, or has proven experience and ability in 
administration and management in the Government or• in the public or 
private sector or joint sector undertakings, to be the Chief Executive 
Officer of the Board. 
(2) The conditions of service of the Chief Executive Officer shall be 
such as may be prescribed: 
Provided that till such time as the rules are made, the State Government 
may, by order, fix the terms and conditions of service of the Chief 
Executive Officer. 
(3) The Board may appoint such other officers and employees as, in 
its opinion, are necessary for the due performance of its duties and 
functions under this Act: 
Provided that no post carrying a monthly salary of rupees two thousand 
or more shall be created or abolished without the prior approval of the 
State Government. 
(4) The terms and conditions of service of the other officers and 
employees of the Board shall be such as may be prescribed: 
Provided that till such time as the rules are made, approval of the State 
Government to the fixation of the terms and conditions of service of each 
of the officers and other employees of the Board shall be necessary prior 
to the appointment of such officer or employee by the Board. 
Duties of 
Chairman. 
Appoint-
ment of 
Chief 
Executive 
Officer and 
other 
officers and 
employees 
of Board. 
303 
The West Bengal Maritime Board Act, 2000. 
[West Ben. Act 
(Chapter III. Appointmentof the Chief Executive Officer and other 
officers and employees of Board and the Conservator of Ports.— 
Section 18.—Chapter IV.—Establishment of minor ports and 
works and services to be provided at minor ports, and 
functions of Board.—Section 19.) 
(5) The officers and other employees of the Board shall be under the 
administrative control of the Chief Executive Officer. 
(6) The categories and the number of officers and other employees of 
the Board shall be such as may be prescribed: 
Provided that until such time as the rules are made, the approval of the 
State Government shall be obtained by the Board before appointment of 
each category of officer or other employee, and such appointment shall be 
made under the signature of the Chief Executive Officer. 
Appoint-
ment of 
conservator 
of Ports. 
18. (1) The State Government may, on such terms and conditions as 
it may think fit, appoint an officer, or a body of persons, to be the 
Conservator of Minor Ports (hereinafter referred to in this Act as the 
Conservator). 
(2) Subject to the control of the State Government and the directions 
as it may issue from time to time, the powers and functions of the 
Conservator shall be such as are provided in Chapter III of, and elsewhere 
in, the Indian Ports Act, 1908: 
Provided that the Conservator may be subject to such intermediate 
authority as the State Government may appoint. 
Explanation.—For removal of doubts it is hereby declared that 
notwithstanding anything contained in the foregoing provisions of this 
section, the State Government shall have the power to appoint the Board 
to be the Conservator for all or any of the minor ports. 
15 of 1908. 
Functions of 
Board. 
CHAPTER IV 
Establishment of minor ports and works and services to be 
provided at minor ports, and functions of Board 
19. (1) Subject to the other provisions of this Act, the functions of 
the Board shall be to set up, operate, manage and control minor ports in 
West Bengal. 
(2) Subject to the provisions of any other law for the time being in 
force, the Board may, with the approval of the State Government, develop 
or establish one or more minor ports at such place or places as it may, on 
proper survey and study undertaken for the purpose, consider fit and 
suitable and provide such works and appliances within or without the 
limits of such port or ports as it may deem necessary and expedient. 
304 
The West Bengal Maritime Board Act, 2000. 
XXX of 2000.] 
(Chapter IV.—Establishment of minor ports and works and services 
to be provided at minor ports, and functions of Board.—Section 19.) 
(3) The works and appliances as aforesaid may include:— 
(a) such wharves, quays, docks, stages, jetties, piers, place of 
anchorage and other works within a port or port approaches 
or on the foreshore of a port or port approaches in West 
Bengal, with all such convenient arches, drains, landing 
places, stairs, fences, roads, bridges, tunnels, and approaches, 
and buildings required for the residence of the employees of 
the Board as the Board may consider necessary; 
(b) buses, locomotives, rolling stocks, sheds, hotels, warehouses, 
and other accommodation for passengers and goods and 
other appliances for carrying passengers and for conveying, 
receiving or storing goods landed or to be shipped or otherwise; 
(c) moorings and cranes, scales, and all other means and 
appliances necessary for loading and unloading of vessels; 
(d) reclaiming, excavating, enclosing and raising any part of the 
foreshore of a port or port approaches which may be necessary 
for the execution of the works under this Act or for the 
purposes of this Act; 
(e) such breakwaters and other works as may be expedient for 
the protection of a port; 
(f) dredgers and other machines for cleaning, widening, 
deepening and improving any portion of a port or port 
approaches or of the foreshore of a port or port approaches; 
(g) lighthouses, lightships, beacons, buoys, pilot boats and other 
appliances necessary for the safe navigation of a port and port 
approaches in so far as they are within the purview of the 
functions of the State Government; 
(h) vessels, tugs, boats, barges, launches, and lighters for the use 
within, or without, the limits of a port, whether in territorial 
waters or otherwise, for the purposes of towing or rendering 
assistance to any vessel, whether entering or leaving a port or 
bound elsewhere, saving or protecting life or property, and 
landing, shipping or transhipping passengers or goods; 
(i) sinking of tube-wells, and equipment and maintenance and 
use of boats, barges and other appliances for the purpose of 
supply of water at a port; 
(j) engines and other appliances necessary for extinguishing 
fires; 
(k) lands abutting the sea-coast including creeks and rivers; 
305 
The West Bengal Maritime Board Act, 2000. 
[West Ben. Act 
(Chapter IV—Establishment of minor ports and works and services 
to be provided at minor ports, and functions of Board—Section 20.) 
(1) ferry-boats and other works and equipments appertaining to 
the running of ferry-service at or between ports; 
(m) construction of models and plans for carrying out hydraulic 
studies; 
(n) dry docks, slipways, boat-basins and workshops to carry out 
repairs or overhauling of vessels, tugs, boats, machinery or 
other appliances. 
Private 
participation 
in ports. 
20. ( I) The Board may, with the approval of the State Government, 
invite private, public or joint sector undertakings to conduct studies and 
surveys for the purpose of setting up minor ports or to construct, own, 
operate and manage minor ports and to perform all or any of the functions 
of the Board under section 18, on such terms and conditions as it may 
consider fit and expedient: 
Provided that the selection of any such private, public or joint sector 
undertakings shall be by open and competitive bidding, the evaluation 
being made either on the basis of such criteria as may be laid down 
clearly in the tender document or by negotiation as the State Government 
may think fit and proper and may give its approval in writing, stating 
the reasons therefor. 
Explanation.—For the purposes of this sub-section,— 
(a) the expression "operate and manage" shall include providing 
security, lighting of the port, port waters and port approaches, 
dredging of the navigation channel, observing health and 
environment norms, and keeping the ports fat and ready in all 
respects for movement of vessels; 
(b) the approval of the State Government shall be necessary both 
before inviting private, public or joint sector undertakings 
and the acceptance of the competitive or negotiated bid for 
such participation; 
(c) for the removal -of doubts, it is hereby declared that— 
(i) the Board may, with the previous sanction of the State 
Government, entrust all or any of the works or services 
to be set up and provided in the port to the selected 
undertaking, and 
(ii) the State Government shall have the power to permit 
private investment in the creation, operation and 
management of minor ports and all or any of the facilities 
related thereto in such manner, and on such terms and 
conditions, as it may think necessary and expedient in 
the public interest. 
306 
The West Bengal Maritime Board Act, 2000. 
XXX of 2000.] 
(Chapter IV.—Establishment of minor ports and works and services to 
be provided at minor ports, and functions of Board.—Sections 21, 22.) 
(2) So long as the Board is not constituted or does not start functioning, 
the State Government shall have the power to invite a private, public or 
joint sector undertaking for setting up, or for management and operation, 
of a minor port under sub-section (1). 
21. (1) The Board shall, in consultation with, and with the approval 
of, the State Government, fix the scale of rates at which, and the terms and 
conditions under which, any of the services in, or in relation to, any minor 
port or port approaches shall be made available by the Board to users, 
except the services in respect of vessels for which fees are chargeable 
	
15 of 1908. 	 under the Indian Ports Act, 1908. 
(2) Different scales of rates and different conditions may be fixed for 
different classes of goods, services, and vessels and for different ports. 
(3) The Board may also fix the scale of rates at which, and the 
conditions under which, any property or place within the limits of a port 
or port approaches may be used for the purposes of— 
(a) approaching, or lying at or alongside, any buoy, mooring, 
wharf, quay, pier, dock, land, building, or place by vessels, or 
(b) entering upon, or plying for hire at, any wharf, quay, dock, 
land, building, road, bridge, approach, or place by animals or 
vehicles or vessels carrying passengers or goods, or 
(c) leasing of land or sheds or berths or godowns by owners of 
goods imported or intended for export, or 
(d) any other use of any land, buil ding,works, vessels or appliances 
within the limits of the port. 
(4) Where a minor port is owned, operated and managed by a private, 
public or joint sector undertaking, the view of such undertaking shall be 
obtained by the Board in fixing or revising the port charges and the terms 
and conditions of port services before seeking approval of the State 
Government. 
(5) The Board may, if it thinks necessary and expedient so to do, fix, 
with the approval of the State Government, a consolidated scale of rates for 
any combination of services provided in the port or for services and users 
mentioned in this section. 
22. In fixing the scales of rates under the provisions of this chapter, the 
Board may prescribed a lower rate in respect of— 
(i) coastal goods, that is to say, goods other than imported goods 
	
52 of 1962. 	 as defined in the Customs Act, 1962, carried in a vessel from 
one Indian port to another Indian port: 
Provided that there shall be no discrimination between 
Indian ports in prescribing a lower rate under this section; 
(ii) other goods in special cases. 
Imposition 
and recovery 
of rates at 
minor ports. 
Power of 
Board to 
prescribe 
lower rate. 
307 
The West Bengal Maritime Board Act, 2000. 
Rates etc. to 
be published 
by Board. 
Exemption 
of Central 
Government 
or State 
Government 
from 
payment of 
rates and 
charges for 
the use of 
ports or 
works or 
services, etc .  
Exemption 
of goods and 
vessels from 
payment of 
rates and 
charges. 
Power of 
Board to 
make 
regulations. 
Settlement 
of dispute 
regarding 
rates. 
[West Ben. Act 
(Chapter IV.—Establishment of minor ports and works and services to 
be provided at minor ports, and functions of Board—Sections 23-27.) 
23. Every scale of rates and every statement of conditions fixed by the 
Board under the provisions of this chapter shall be published by the Board 
in the official Gazette after it receives the sanction of the State Government 
and shall have effect after such publication. 
24. (1) Notwithstanding the provisions of this chapter, a vessel, 
owned or hired by the Central Government or the State Government, or 
plying on official duty and for non-commercial purpose, shall be exempt 
from payment of the rates. 
(2) Any vessel that may be used by the Board to undertake inspection 
of any port and its facilities shall also be exempt from payment of the rates. 
(3) The State Government shall have the power to grant to any other 
vessel plying with humanitarian objectives, which are non-commercial in 
nature, within the limits of the ports or using the ports or any of its services 
or facilities, full or partial exemption from payment of the rates: 
Provided that the State Government may grant such exemption only 
after prior consultation with the Board. 
25. The Board may, in special cases, and for reasons to be recorded in 
writing, exempt, either wholly or partially, any goods, vehicles or vessels 
or any class of goods, vehicles or vessels from the payment of any rate or 
of any charge leviable in respect thereof according to any scale of rates, in 
force under this Act or remit the whole or any portion of such rate or charge 
so levied. 
26. (1) The Board shall have power to make, with the prior approval 
of the State Government, regulations for realisation of rates and for such 
other matters as are not provided in this Act or the rules made thereunder. 
(2) Such regulations shall be published in the Official Gazette and 
shall have effect on such publication. 
27. (1) In case there is a dispute or disagreement as to the rates fixed 
under this Act between the Board and any person entrusted with the 
operation and management of the port or any of its services or works, such 
dispute shall be referred, by either of the parties, to the State Government 
and the State Government may, by order, after considering the 
representations of the parties and, if necessary, after giving the parties an 
opportunity of being heard, direct the Board to cancel or to modify the rates 
as it may think fit. 
(2) The order of the State Government under sub-section (1) to cancel 
or to modify the rates shall be published by the State Government in the 
Official Gazette and, on such publication, shall have effect from the date 
mentioned in the said order. 
308 
The West Bengal Maritime Board Act, 2000. 
XXX of 2000.] 
(Chapter V.—Liabilities of Board and others in relation to the 
ports and port services.—Section 28.) 
CHAPTER V 
Liabilities of Board and others in relation to the ports 
and port services 
28. (1) The Board shall undertake inspections of ports and the 
facilities and works therein and the vessels using the ports to ensure that 
the facilities and services, including essential services of dredging, health 
and security, are being maintained properly, and the management of the 
ports or of any of the works and services of the ports shall render such 
assistance and furnish such information as may be required by the Board 
for the purpose. 
(2) Where the Board, upon such inspection, is of the opinion that 
essential services or dredging or health or security are being persistently 
neglected by the management of a port, where such services are in the 
charge of a person other than the Board, the board may, with the prior 
approval of the State Government, take over the management of such port 
or of any of its works or services. All costs incurred by the Board for such 
management or for any operation in this behalf shall be recovered from the 
person who had been managing or operating the port or the services before 
such taking over of the management. 
(3) No person or vessel passing through a port or using its facilities or 
services shall refuse to pay the rates fixed therefor by the board or shall 
fraudulently avoid the payment thereof. 
(4) Where the Board itself manages or operates a port, the Board, or 
where a person or an undertaking is in charge of the management and 
operation of a por

Excerpt shown. Open the full act in Lexace.

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